Governance and Conflict

Within a global gendered economy based on an international division of labor, Filipina migrants have become nannies, maids, and caregivers in affluent homes in numerous Asian and Middle Eastern countries. Filipina migrants who seek employment as domestic workers abroad have been described as “classical” transmigrants who keep in touch with family members back home and commute between their countries of origin and their destinations. In this article — based on ethnographic research in Israel, Palestine, and the Philippines between 2003 and 2008—the author argues that Filipina migrants are transnational in a much broader sense than commonly discussed in studies on migration: engaged in border-cross-ing journeys through a number of nation states, many Filipina migrants move on and on rather than back and forth. They do so within a global hierarchy of desirable destination countries, ranked according to the differences between nation-states with regard to salaries and the legal entitlements migrants can claim, the costs and risks migrants have to take in order to enter, and these countries’ overall subjective and imaginative attractiveness. By migrating on, Filipina domestic workers acquire an intimate picture of the Middle East “backstage.” Some even become self-pro-claimed Middle Eastern experts or politically active Christian Zionists or sentimental Orientalists, who, in spite of their Christianity, miss fasting on Yom Kippur or during Ramadan as they continue their journeys toward Western Europe and North America, where they have hopes of living and perhaps gaining citizenship.     

Grunwick and trade union recognition

This article considers the approach of law schools to the assessment of students' use of English. The QAA subject benchmark statement for law requires students to demonstrate the ability to use English proficiently but over recent years there has been anecdotal evidence that some students who lack this ability have obtained law degrees. To obtain further information on how law schools try to ensure compliance with the relevant benchmark, a short questionnaire was sent to a randomly selected sample of 20 English law schools. This article presents the results of that research, considers some of its possible implications and concludes that the assessment methods that many law schools are currently employing do not ensure compliance with the relevant benchmark.     

An outcome evaluation of a restorative justice alternative to incarceration

Restorative justice has become an increasingly popular alternative to traditional applications of criminal justice. The emphasis on victim needs and the personalizing of conflict resolution offers an attractive choice for those dissatisfied with the adversarial, impersonal, and retributive focus of the present criminal justice system. Many evaluations of restorative justice programs, especially those with a diversion goal, have rarely controlled for the possibility of net widening and the influence of offender risk on recidivism. This evaluation examined a prison diversion program that followed restorative justice principles. Using a matched comparison group and controlling for offender risk, the program demonstrated a diversion effect and a significant reduction in offender recidivism. The results are encouraging for jurisdictions experimenting with this new approach to justice and seeking a more integrated role for victims in criminal justice processing.     

R. (Martin) v Mahony: the History of a Classical Certiorari Authority

R. (Martin) v Mahony, a decision of the Irish High Court of 1910, continues to be acknowledged by modern textbook writers as a leading authority for the classical rule that certiorari could not correct error of law. This rule, which considerably reduced judicial superintendence of magistrates' courts, had been established by the English court of Queen's Bench in the 1840s. However, the rule was repudiated by the Exchequer Division in Ireland in the late 1880s, which developed a novel, liberal theory of certiorari. This doctrinal innovation, which was used in overturning convictions under the anti-boycotting statute, the Criminal Law and Procedure Act 1887, appalled sections of Lord Salisbury's government, was disapproved of by the English courts, and split the Irish judiciary. The division caused by the doctrine persisted until 1910 when the Irish High Court, having assembled in banc in Martin's Case in order to resolve the impasse, re-established orthodox English doctrine.     

AFFECT,EMOTIONS AND SEX OFFENDING

The role of emotional and other affective states as causes and consequences of sexual offending is emerging as an important area for theoretical analysis and for empirical research. In this paper we focus on whether affective and emotional states serve as causal antecedents for sexual offending. Firstly, we identify five sources of evidence relating to whether emotion is causal. We conclude that the evidence broadly supports the notion that a causal relationship exists, at least for some offenders. We then address attempts to identify mechanisms to explain how such effects are mediated. Finally we discuss the implications of this work for therapeutic interventions with sex offenders.     

Psychosexual characteristics of sexual offenders and the relationship to sexual reconviction

Abstract

The purpose of this study was to determine if the Multiphasic Sex Inventory (MSI) could be used to predict sexual reconviction. The MSI was administered to 119 convicted male sex offenders. Reconviction data were analysed using the receiver operating characteristic (ROC) over 2-, 5- and 10-year follow-up periods. The MSI scales Sexual Obsession and Paraphilia (Atypical Sexual Outlet) obtained good accuracy in predicting sexual reconviction over 2- and 5-year follow-up periods. A confirmatory factor analysis of the MSI scales yielded a four-factor solution: Sexual Deviance, Sexual Desirability, Dysfunctional/Justification, and Normal. The Sexual Deviance factor demonstrated good accuracy in predicting sexual reconviction at 2-year follow-up while the Normal factor was a poor predictor of sexual reconviction. Compared against an actuarial risk assessment measure for sexual offenders, the Sexual Obsession, Sexual/Social Desirability, and Sexual Dysfunction scales, and Sexual Deviance factor made a statistically significant contribution independent of the risk scale in predicting sexual reconviction. It is argued that rather than using the MSI solely as an assessment measure of psychosexual characteristics of sexual offenders in treatment programmes, it can be used to provide additional information as part of an assessment of risk of sexual reconviction.     

Chemical enhancement of footwear impressions in blood on fabric — Part 3: Amino acid staining

Enhancement of footwear impressions, using ninhydrin or ninhydrin analogues is not considered common practice and such techniques are generally used to target amino acids present in fingermarks where the reaction gives rise to colour and possibly fluorescence. Ninhydrin and two of its analogues were used for the enhancement of footwear impressions in blood on various types, colours and porosities of fabric. Test footwear impressions on fabric were prepared using a specifically built rig to minimise the variability between each impression. Ninhydrin enhancement of footwear impressions in blood on light coloured fabric yielded good enhancement results, however the contrast was weak or non-existent on dark coloured fabrics. Other ninhydrin analogues which have the advantage of fluorescence failed to enhance the impressions in blood on all fabrics. The sequential treatment of impressions in blood on fabric with other blood enhancing reagents (e.g. protein stains and heme reagents) was also investigated.     

Is sexually abusive behaviour in personality disordered inpatients analogous to sexual offences committed prior to hospitalization?

Abstract

Sexually abusive behaviour by personality disordered patients presents a serious threat to the integrity of staff–patient relationships and the safety of other residents. The occurrence of such behaviour is also problematic for the offending patient, as it may impact on perceived treatment needs and their access to the community. This paper reports on a study of sexually abusive behaviour in a high security psychiatric hospital. It also examines the relationship between these behaviours and patients’ history of sexual offending. The results showed a high frequency of low-severity sexually abusive behaviour and no significant associations between sexually abusive behaviour during hospitalization and sexual offence history. These findings imply that low-severity sexually abusive behaviour within secure settings may be determined, partly, by environmental conditions. This sexual abuse may also be functionally dissimilar to severe sexual abuse perpetrated in the community. The meaning and determinants of sexual abuse within secure settings must be scrutinized carefully and comprehensively before they are considered analogous to previous sexual offences.     

Electronic Grassroots: Does Online Campaigning Work?

This research explores the implications of the growing use of the Internet to campaign and win elections in the United States. After exploring the historic assumptions and motivations behind the use of the Internet to campaign, the authors use election data from the 2006 midterm congressional elections and webpage ranking data from the leading web-based ranking service to assess the impact of Internet campaigning. The findings indicate that web presence is a significant predictor of the total votes candidates garnered in the 2006 congressional elections, even when controlling for variables such as funding, incumbency and experience. Further, the findings also suggest that, generally, Democrats had a stronger web presence than Republicans and this increased presence contributed to their success in the election. This research suggests that potential candidates need to be particularly concerned about the success of their websites and their popularity within the Internet community when running for office.